Brice v. Hamilton

Citations

• 12 S.C. 32
• 1879 S.C. LEXIS 31

Syllabus

<p>1. Exceptions, which raise questions purely legal, may be reviewed, on appeal, by this court, although no motion was made before the Circuit judge for a new trial.</p> <p>2. A naked intent in-the mind of a debtor, not disclosed or communicated to his creditor, as to the apiilication to be made of moneys paid to such creditor, may not be proven.</p> <p>3. Section 415 of the code renders a party in interest incompetent to testify as to transactions or communications had by him with a person deceased, in certain cases, and such incompetency is not removed by the introduction of testimony other than that of the representative of the deceased as to the same matter.</p> <p>4. A memorandum in the handwriting of the deceased, found after his death among his papers, is not admissible in evidence, in behalf of his representatives.</p> <p>5. The jury were charged that the intention and purpose of the debtor when he made the payment, were to be taken by them as evidence of the application. Held, erroneous.</p> <p>6. When the debtor directs no application at the time of payment, the rule is that the creditor may make the application at any time before judgment or verdict. Heilbum v. Bissell, Bail. JSq. 430, approved, and Jones v. IOlgore, 2 Rich. JSq. 63, limited.</p> <p>7. A receipt may be open to explanation, notwithstanding the death of the party to whom it was given.</p>